Prawo

Słowo wstępne

2025-02-10T08:42:01+01:00

Status prawny hermafrodytów w Rzymie

2025-02-10T08:44:53+01:00

The article focuses on the legal status of hermaphrodites in Rome. During the regal period as well as throughout the Republic, intersex persons were not only shunned by most of society, but also feared, as hermaphrodites were perceived as prodigia. Romans applied this term to describe peculiar phenomena caused—as they believed—by divine activity, which were aimed at indicating the imminent rupture of pax deorum, i.e. an accord between humans and the gods. The social norms established within ancient states were based on strict division of roles and functions, resulting from gender diff erentiation. Hermaphrodites blurred the lines of this division and as such were treated as a threat to the proper functioning of the state. The author presents the most important sources regarding the status of hermaphrodites in the republican period, their elimination from the society on the basis of the procuratio prodigorum procedure, as well as reasons for the gradual change of attitudes towards androgynes in the last century of the republic, and evidence of them acquiring legal capacity during the Principate.

Między prześladowaniami a tolerancją. Edykty Walezjuszy wobec hugenotów w dobie rozwoju europejskiej reformacji

2025-02-10T09:13:52+01:00

The present article is an attempt at a comprehensive analysis and evaluation of the legislative activities of the French authorities, undertaken in connection with the rise of Protestantism in 16th-century Europe. To achieve this goal, the royal edicts promulgated from the end of the first half of this century to the tragic events of the night of St Bartholomew were explored. The author’s intention was not only to shed light on the the legal provisions themselves, but also to place them in the complex socio-political realities in which decisions on the content and application of normative acts were made. In view of these objectives, it became necessary to resort to a variety of methodological instruments; not only legal exegesis of the texts, but also their analysis and synthesis, as well as comparative studies.

The results thus obtained allow the author to formulate a number of critical conclusions. One could not admire legal principles that steam from a desire to maintain religious uniformity. The lack of tolerance towards the diversity of worldviews, evident legal discrimination of Huguenots, and finally their extermination carried out in the majesty of the law are certainly no claims to fame. Those negative assessments are supported and in fact deepened by confronting of France’s conduct in this matter with actions undertaken by some European countries at that time, such as the Polish-Lithuanian Commonwealth, which at least in the sphere of legislation adopted a completely different approach.

Ewolucja statusu prawnego dzieci pozamałżeńskich w prawie szkockim (1836–2006)

2025-02-10T09:35:18+01:00

This article concerns the process of redressing the difference in the legal situation of marital and extramarital children in the Scottish legal system. The extent of discrimination against the latter group concerned not only the spheres of their relationship with their father and his family, but also personal private legal rights (such as the right to dispose of property mortis causa by means of a will), as well as public rights. The process, which began in the 19th century, initially had the scope of incremental changes, but ones that paved the way for systemic reform in the 20th century. This in turn lead to the abolition of “illegitimacy” as a characteristic of an individual resulting from the form of his parents’ relationship at the time of conception or birth of the child, which took place in the 21st century, which at that time was in fact a purely symbolic motion. The problem of discrimination against extramarital children is a universal one. At the same time, the way and legal process over which the legal differences in the status of these two groups of children would have been completely eliminated will remain discrete and specific for each legal system.

Dyskryminacja dzieci pozamałżeńskich w ustawodawstwie cywilnym w Drugiej Rzeczypospolitej i próby jej przezwyciężenia w projektach kodyfikacyjnych

2025-02-10T09:40:59+01:00

The article points out that of the five coexisting systems of family law in independent Poland that originated in the partition era, which were treated as Polish district law (namely: the French-Polish legislation in the central lands, the Russian legislation in the eastern lands, the Austrian legislation in the southern lands, the provisions of the Austrian legislation in force together, as well as some Austrian marriage laws and the Hungarian Personal Marriage Law of 1894 in Spiš and Orava, and finally German legislation in the western lands of the Second Republic of Poland)— all discriminated against extramarital children, then known as “non-marital” and “illegitimate” or “natural” children. The rule, therefore, was that there existed a difference in the legal position of marital and extramarital children.

The author initially analyzes the concept of an illegitimate child in district legislation in interwar Poland, then addresses the issue of the distinction in the category of illegitimate children, as well as the uniform regulation of their legal status in after partitions legislation. He then moves on to the work of overcoming discrimination against extramarital children in the Codification Commission of the Republic of Poland, analyzing the original drafts prepared by Stanisław Gołąb (1934) and the drafts by the Subcommittee of the law on kinship and guardianship relations of the Codification Commission based on them.

The author argues that the drafts in Stanisław Gołąb’s original version were more progressive, since at their core was the fundamental equality of rights between children born during marriage and non marital children, while the Subcommittee gave this a more declarative form by assuming that a child born out of wedlock could be equated with a marital child by order of the court (office) of guardianship, issued at the request of the authorized subjects and with the consent of the persons indicated therein. At the same time, the author stresses that the new thoughts expressed in Stanisław Gołąb’s original draft, which constituted an important legislative advance, also found expression in the version passed and still being amended by the Subcommittee, in particular the idea of essentially equating children born out of wedlock with marital children, the care of the court (office) of guardianship and social welfare authorities over children born out of wedlock, as well as the principle of exercising parental rights solely in the interests of the child, including those born out of wedlock. Work on the second reading of the drafts was not completed until the outbreak of World War II.

Geneza i ujęcie przestępstw z powodów dyskryminacyjnych w polskim prawie karnym

2025-02-10T10:12:47+01:00

The article presents the origins and framing of crimes on discriminatory grounds in Polish criminal law. It points out that the Criminal Code of 1932 criminalized discrimination solely on the grounds of protecting religious sentiment. This narrow formulation was expanded in special criminal laws issued after World War II. The author then analyzes the crimes for discriminatory reasons contained in the Small Criminal Code of June 13, 1946 and the Decree of August 5, 1949 on the Protection of Freedom of Conscience and Religion. The author emphasizes that these provisions set a further course in the treatment of discriminatory behavior under Polish criminal law and perpetuated its criminalization. He notes the signifi cant impact of the facts of crimes on discriminatory grounds contained in the two decrees on Article 193 and Article 274 of the 1969 Criminal Code. He further analyzes Article 257 of the 1997 Criminal Code in terms of countering manifestations of discrimination aimed at human dignity and integrity.

Dyskryminacja wyznaniowa w świetle przepisów kodeksu karnego z 1997 roku

2025-02-10T10:19:15+01:00

One of the torts provided for in the Polish Penal Code against freedom of conscience and religion is religious discrimination. It involves limiting a person’s rights due to his or her religious affiliation or non-denomination. In addition to the basic article 194 of the Penal Code on discrimination, the Code also contains many other provisions containing various forms of religious discrimination, in which it is a secondary (additional) subject of legal protection. Although we do not have many cases of discrimination, protection against it is one of the guarantees of equality of persons before the law and the implementation of freedom of conscience and religion. Discrimination involves both religious and ideological intolerance and lack of respect for the rights of other people. For these reasons, it was criminalized as one of the most serious crimes against freedom of conscience and religion.

„Lex Clodia de Cypro et exsulibus Byzantinis” — rzymski imperializm na styku prawa i polityki

2025-02-10T10:29:56+01:00

The article discusses the circumstances of the introduction of Clodian law on the annexation of Cyprus and the restoration of exiles from Byzantium, its provisions, and its significance in the context of Roman internal and foreign policy. The analysis also focuses on the motives behind passing the law, its legal form and the legal basis for the Roman annexation of Cyprus. Lex Clodia de Cypro et exsulibus Byzantinis is analysed as a case study of late Republican imperialism, primarily in terms of political and constitutional disputes over the decisive voice in foreign policy and organizational form of the Imperium Populi Romani.

Guillelmus Durantis (1230/1237–1296)

2025-02-10T10:40:17+01:00

In this article, the Author undertook the task of compiling a biography of Guillelmus Durantis, a bishop and legal scholar, and the characteristics of his work. The study reveals the author of Speculum iudiciale as a seasoned church official and a scholar in Roman and canon law. Because of his administrative and mediatorial talents, Durantis was often employed on matters requiring the Pope’s ongoing interventions. He organized and clarified the liturgy and presented the entire process now known as Roman-canonical process in a single work. Durantis’ findings closed many scientific and practical debates about the process for several centuries.

The special significance of Durantis ‚ Speculum Iudiciale, presented in this article, can be explained both by the excellence of the work and by the nature of the procedural law norms themselves. While substantive law deals with the most diverse aspects of life, often independent from the man, procedural law is an exclusive product of the man, entirely dependent on his actions, and therefore can and should be written precisely. Of course, difficult cases can arise even here, but its formation can be far more precise than the substantive law regulating an infinite variety of situations. For the purposes of the Roman-canonical process, such shaping has succeeded, as evidenced by the centuries-old authority of the Speculum Judiciale.

Życie i twórczość Antoniusa de Butrio

2025-02-10T10:52:57+01:00

One of the Italian canonists whose works contributed to the development of science was Antonius Butrigarius, who lived at the turn of the 14th and 15th centuries and was the author of exegetical writings on canon law (which were eagerly read and used in schools) and his teaching skills were highly regarded. His works were also well known in Poland, where the book collections of various libraries had steadily increased since the 13th century. Butrigarius’ oeuvre also included treatises and consilia, for he was an advisor on legal matters, renowned for his professional thoroughness. The present study was created as part of a comprehensive research on legal advice and its authors in the medieval and early modern periods. The purpose of the article is to introduce the biography and works of this canonist, who also boasted knowledge of Roman law. Butrigarius lived and worked during the uneasy time for the Church of the Great Western Schism, in the resolution of which he was also involved, writing treatises and drafting legal opinions.

Sędziowie pokoju we Francji w czasach Rewolucji — zagadnienia ustrojowe a ideały oświecenia

2025-02-10T11:05:46+01:00

The purpose of this paper is to answer the question of whether the philosophy of the Enlightenment inspired the organization of justices of the peace in France, and if so, to what extent. The National Assembly in 1790 was faced with the task of reorganizing the system of judicature (organization judiciaire). The work on the law, which was eventually passed as the law of August 16–24, 1790, led to the establishment of the institution of justices of the peace equipped with two areas of competence: litigation and conciliation. The manner of their selection and the lack of requirements for experience or education of candidates followed the demands of the Enlightenment, but other ideas were not fully employed.

Sprawozdanie z realizacji fazy A projektu badawczego GOSPOSTRATEG

2025-02-10T11:12:43+01:00